4 | 6 | | AN ACT |
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5 | 7 | | relating to the use of money in the state water pollution control |
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6 | 8 | | revolving fund. |
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7 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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8 | 10 | | SECTION 1. Section 15.601(a), Water Code, is amended to |
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9 | 11 | | read as follows: |
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10 | 12 | | (a) The state water pollution control revolving fund shall |
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11 | 13 | | be administered by the board under this subchapter and rules |
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12 | 14 | | adopted by the board. The fund shall be used to provide financial |
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13 | 15 | | assistance [to political subdivisions for construction of |
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14 | 16 | | treatment works and to persons for nonpoint source pollution |
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15 | 17 | | control and abatement projects under Section 15.603(h),] in |
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16 | 18 | | accordance with the capitalization grant program established under |
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17 | 19 | | the Federal Water Pollution Control Act (33 U.S.C. Section 1251 et |
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18 | 20 | | seq.) and Section 15.603 of this code. |
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19 | 21 | | SECTION 2. Section 15.603(a), Water Code, is amended to |
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20 | 22 | | read as follows: |
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21 | 23 | | (a) The revolving fund is held separately from other funds |
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22 | 24 | | by the board outside the State Treasury to provide financial |
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23 | 25 | | assistance to persons for projects eligible for assistance under |
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24 | 26 | | the federal act, including projects eligible under Section 603(c) |
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25 | 27 | | of the federal act (33 U.S.C. Section 1383(c)), and to provide |
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26 | 28 | | linked deposits to eligible lending institutions for loans to |
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27 | 29 | | persons for nonpoint source pollution control projects [political |
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28 | 30 | | subdivisions for construction of treatment works and to persons for |
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29 | 31 | | estuary management projects and for nonpoint source pollution |
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30 | 32 | | control and abatement projects under Subsection (h)]. |
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31 | 33 | | SECTION 3. Section 15.604(a), Water Code, is amended to |
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32 | 34 | | read as follows: |
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33 | 35 | | (a) The board may use the revolving fund for financial |
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34 | 36 | | assistance only as provided by the federal act: |
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35 | 37 | | (1) to make loans, on the conditions that: |
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36 | 38 | | (A) the loan is [those loans are] made at or below |
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37 | 39 | | market interest rates, including an interest-free loan [loans, at |
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38 | 40 | | terms not to exceed 20 years]; |
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39 | 41 | | (B) principal and interest payments will begin |
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40 | 42 | | not later than one year after completion of the project to be |
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41 | 43 | | financed [any treatment works] and the loan [all loans] will be |
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42 | 44 | | fully amortized not later than the expiration date of the term of |
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43 | 45 | | the loan [20 years after completion of the treatment works]; |
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44 | 46 | | (C) the recipient of the [a] loan will establish |
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45 | 47 | | a dedicated source of revenue for repayment of the loan [loans]; and |
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46 | 48 | | (D) the revolving fund will be credited with all |
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47 | 49 | | payments of principal of and interest on the loan [all loans]; |
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48 | 50 | | (2) to buy or refinance the debt obligation of |
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49 | 51 | | political subdivisions at or below market rates if the debt |
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50 | 52 | | obligations were incurred after March 7, 1985; |
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51 | 53 | | (3) to guarantee or purchase insurance for political |
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52 | 54 | | subdivisions if the guarantee or insurance would improve access to |
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53 | 55 | | market credit or reduce interest rates; |
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54 | 56 | | (4) as a source of revenue or security for the payment |
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55 | 57 | | of principal and interest on bonds issued by the state if the |
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56 | 58 | | proceeds of the sale of those bonds will be deposited in the |
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57 | 59 | | revolving fund; |
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58 | 60 | | (5) to provide loan guarantees to similar revolving |
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59 | 61 | | funds established by municipalities or intermunicipal agencies; |
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60 | 62 | | (6) to earn interest on revolving fund accounts; |
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61 | 63 | | (7) for the reasonable costs of administering the |
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62 | 64 | | revolving fund and conducting activities provided for by Title VI |
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63 | 65 | | of the federal act, except that those amounts may not exceed the |
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64 | 66 | | amount authorized under Title VI of the federal act; and |
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65 | 67 | | (8) [to provide financial assistance to persons for a |
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66 | 68 | | nonpoint source pollution control project under Section 319 of the |
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67 | 69 | | federal act or for an estuary management project under Section 320 |
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68 | 70 | | of the federal act; |
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69 | 71 | | [(9)] for other purposes as provided by the federal |
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70 | 72 | | act[; and |
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71 | 73 | | [(10) to provide linked deposits to eligible lending |
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72 | 74 | | institutions for loans to persons for nonpoint source pollution |
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73 | 75 | | control projects]. |
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74 | 76 | | SECTION 4. Section 17.0821(c), Water Code, is amended to |
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75 | 77 | | read as follows: |
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76 | 78 | | (c) The board shall use the state water pollution control |
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77 | 79 | | revolving fund in accordance with Section 15.604(a)(4) [15.604(4)] |
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78 | 80 | | of this code and the Federal Water Pollution Control Act, Section |
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79 | 81 | | 603(d)(4), as a source of revenue to be deposited in accordance with |
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80 | 82 | | this chapter for the payment of principal and interest on water |
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81 | 83 | | quality enhancement bonds issued by the state, the proceeds of |
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82 | 84 | | which are deposited into the state water pollution control |
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83 | 85 | | revolving fund. |
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84 | 86 | | SECTION 5. Section 15.603(i), Water Code, is repealed. |
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85 | 87 | | SECTION 6. This Act takes effect September 1, 2019. |
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